Delayed Occurrence of the Result (Dolus Generalis)

2025Murat Volkan DülgerArticle

Abstract

The concept of dolus generalis, first introduced into the doctrine of criminal law by an article written by H. B. von Weber in 1825, has since been studied by all scholars concerned with criminal law dogmatics and crime theory. Various solutions have been proposed, and it has also been reflected in judicial decisions. However, it cannot be said that this issue —almost as old as the history of modern criminal law itself— has yet been fully resolved. The reason why this topic, epitomized by the septic tank case of the German Federal Court of Justice (BGH), continues to be intensely debated is that this set of events enables the eclectic discussion of the fundamental components of crime theory, namely objective and subjective imputation, through a single case.

Thus, criminal law scholars are able to test both the consistency of their own views and those of other authors through this event. In this article, after first defining the concept as it should be understood, I presented the main opinions and criticisms regarding the solutions proposed to address the resulting problems. I then explained the place of the concept in Turkish criminal law and presented my own views on the matter. Finally, after discussing the so-called “reverse dolus generalis” cases and expressing our perspective on them, I concluded the article by offering my final reflections on crime theory within this context.